Table of Contents

Welcome

Hello beautiful human! Welcome to Simple Efforts Market (SimpleEfforts.Eco or SimpleEffortsMarket.com)! Simple Efforts Market is a marketplace created for all, providing the opportunity for you to make meaningful change using your dollar. We seek to be a guiding force in the shift to a more conscious form of consumerism by proving ethical, sustainable, and fairly traded goods. Our platform hosts an array of hand selected vendors that offer a variety of goods for sale, but before you begin to browse and/or shop we must cover a few ground rules and guidelines.

The document you are currently reading, in addition to any other documents referred to, are our Terms of Use (also referred to as the Terms and Conditions, or just Terms). By using SimpleEffortsMarket.com, you agree to these Terms, and fully understand that they are a legally binding contract between you and Simple Efforts, LLC (“Simple Efforts Market”, “us”, “our”, and “we”), applicable to all access portals owned, operated, branded, or made available by SimpleEffortsMarket.com (also referred to as “Simple Efforts”, or “SEM”). If you do not agree with our Terms, then you are not permitted to use our Site, and forfeit any legal standing you may have against us should you choose to continue use. In any instance that we use the terms “Site” or “Services” we are referring to SimpleEffortsMarket.com and all of the services, and/or content found within, or in relation to it.  You may not use the Site if you do not possess the right, authority, or capacity to enter into this agreement, or if you are not at least 18 years of age. Persons aged 13 and above may use our Services with adequate permission and direct parental (or legal guardian) supervision. Those who grant these permissions to any minor are therefore liable for all activity conducted, in addition to any possible unwanted exposure.

Certain features of our Site, and the Services provided within, may be subjected to additional guidelines, terms, or rules that will be found in designated locations that correlate with the service or feature being referenced. All such additional terms, guidelines, and rules are incorporated by reference in this agreement. If any conflict or issues of inconsistency shall arise between these Terms and any additional Terms, the content of the additional Terms shall take precedence in relation to the service or feature concerned.

If any provisions of these Terms of Use are deemed to be invalid, void, or for any reason unenforceable, such provisions shall be struck out and shall not affect the validity and enforceability of the remaining provisions. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part the Terms. We may assign any of our rights and obligations under the Terms.

Simple Efforts Market possesses the right to amend our Terms at any time we see fit. Any revision will be effective immediately after posting the revised documents on the Site. These revisions will apply to you, and all parties, that continue use of the Site and Services provided. No other entities possess the rights to alter, in any way, any documents associated with SEM. You are responsible for reviewing and understanding any revisions made.

SEM reserves the right to launch, change, upgrade, impose conditions to, suspend, or discontinue any Services for you, and any, or all users, at any moment for any reason without prior notice. We are not liable for the effect any changes to our Services may have on you, or any other user, including your income or your ability to generate revenue through our Site and Services.

Account

While it is encouraged, the creation of an account is optional, and not required to make purchases or to browse through content. If you (“the user”) choose to create an account, there are a few conditions that must be made aware of before you can do so.

  1. We hate to be repetitive, but some things are worth repeating. All users must be at least the age of 18 to use any of our Services and or make any purchases. This provision is with the exception that persons of at least 13 years of age may operate the Site and or make purchases with the permission and direct supervision of a parent or legal guardian, making the person granting such permissions liable for all activity conducted on the Site by a minor.
  2. Per user, only one (1) account may exist at any given time. Being registered to, or in control of, two (2) or more account may result in the suspension or termination of one (1), or all, accounts indefinitely. You (“the user”) may not open an account for anyone other than yourself, excluding that you are opening an account for a person under your legal authority, over the age of 13 and under the age of 18. Accounts may not be shared with any singular person, group, or entities. You may only open and operate an account under your legal identity. You may not use ANY information, including but not limited to, the name, address, or methods of payment, of a person outside of yourself without their full consent. The falsification of information is strictly prohibited.
  3. SEM reserves the right to reject, suspend, cancel, or terminate a user’s account at any moment for any reason. This will only happen if we suspect you, or any account activity to be in violation of our Terms. Remember, we want you here, and are so grateful that you chose to be here with us, but it is also particularly important that you follow the rules of our Terms. In the event that we reject, suspend, cancel, or terminate your account, you do not have a contractual or legal right to continue using any of our Services, and we are not liable for any impact that our decision may have on you. You may be notified shall any of those actions take place, but we are not legally obligated to do so. Please be aware and understand that any information associated with the account, content included, may be lost should we cancel or terminate your account(s).
  4. Upon the creation of an account, you, the user, understand that it is solely the responsibility of the account holder to maintain the confidentiality and security of the account. The account holder is also responsible for all authorized or unauthorized account activity conducted under their account. If any suspicious activity should occur, the account holder agrees and accepts that they are responsible for immediately relaying to SEM if they feel, or hold information, that there has been a breach of security, or any of their (or our) information has been compromised.
  1. As an account holder you agree and have granted us permission to contact you via electronic communication including, but not limited to e-mail and text messages. You do have the option to opt out, but understand that unless you do so, we have your full consent to communicate with you electronically. SEM is not responsible for any accrued text or overage fees in the case of exceeded plan limits, or any other charges. SEM also reserves the right to share your information amongst any affiliates of the Site. These extensions of SEM possess the right to contact you in any way they deem fit. Again, you do have the option and ability to opt out and can do so here. SEM, and all associated entities, also possess the right to contact you via mail.
  1. We understand that sometimes things must come to an end, and though we wish to be of service to you as long as we can, we know circumstances don ’t always align with our desires. Shall you choose to do so, you possess the right and ability to terminate your account at any moment. In doing so you may lose any associated information, content included. Upon termination, be it your decision or ours, you are still liable for settling all outstanding debts.

Privacy

We respect your privacy, and it is especially important to us. Please review our Privacy Policy which will detail our practices, how we use your information, and our expectations, which also govern your use of our Site and Services. By using our services, you also grant us permission to process your information in the ways set out in our Privacy Policy.

Liability Limitations & Warranties

As hard as we work to keep our Site running up to standard, we cannot guarantee the continuous operation of or access to our Services.

You agree that you are making use of our Site at you on risk, and that you understand our Services are available on an “AS-IS” and an “AS AVAILABLE” basis. SEM does not manufacture, store, or inspect any of the items that are sold through our Services, and merely act as a neutral network for independent sellers and buyers to interact. Therefore, SEM cannot, and does not, to the maximum extent of the law, make any warranties about the quality, safety, or even the legality of the goods sold on our Site. You release SEM from and claims in relation to items purchased through our Site and agree that any legal, liability, or other claims must be brought directly against the seller. We are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect. Or consequential damages) resulting directly or indirectly, punitively, incidentally, or consequentially from:

 

  • your use of or your inability to use our Services;
  • pricing, shipping, format, or other guidance provided by SEM;
    delays or disruptions in our Services;
  • viruses, harmful software, or any damage obtained by accessing or linking to our Services.
  • your interactions with other individuals
  • your interaction with third-party services (such as Facebook, Instagram, Twitter, etc.) and or products that we do not own or control. You accept that when using or accessing any third party services it I at your own risk and that you may be subjected to the individual terms and conditions of the third-party in question. If there are any links on our Site that lead to third-party sites, the moment you leave our Site we are no longer liable for anything that takes place on the sites you were routed to.

Intellectual Property

Simple Efforts Market is the sole owner or lawful licensee of all the rights and interest in the Site and the Site Content. All of our intellectual property rights are protected under the worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with SimpleEffortsMarket.com, our affiliates or licensors. All rights not otherwise claimed under the Terms or by SEM are hereby reserved. You acknowledge that all intellectual property rights, including copyrighted, patents, trademarks, and trade secrets, excluding your Content, in the Site and Serviced are owned by SEM or SEM licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights.

The name “Simple Efforts Market” and any other SEM marks, phrases, logos, text, graphics, designs, any additional content that we use in connection with our Services (the SEM trademark), are trademarks service marks or trade dress of SEM. Please do not use our trademark without direct prior consent from us.

Do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. Pretty much if you the intellectual property does not belong to you do not use it in any way without direct consent from the owner. We respect your rights, so we ask that you do the same for us and others.

If you believe that someone is, through the use of our Site and Services is unlawfully infringing the copyright(s) in a work please contact us at support@simpleeffortsmarket.com so that we may get the work removed and handle the user accordingly. In the case that this happens, you will need to provide the necessary proof of copyrights in addition to any other documentation that we may request such as:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • third

We love suggestions and Ideas that help us evolve our Site and your experience within it, however we hope you understand that any unsolicited ideas or other materials you submit to SEM (not including your Content) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you. 

Content

“Content” means any and all information or content that you submit via the Site or Services. You are solely responsible for your Content. You assume all risk associated with the use of your Content. You represent and warrant that your Content does not violate our Terms. You may not state or imply that your content is in any way provided, sponsored, or endorsed by SEM without direct prior consent.

You release SEM of any liability your Content may warrant. We are not obligated to backup any Content; you are solely responsible for creating backups of your Content if you so wish to have them.

You grant, and you represent and warrant that you have the right to grant, to SEM and irrevocable, non-exclusive, royalty-free, worldwide license to reproduce, distribute, publicly display, and perform, prepare derivative works of, incorporate into other works, and otherwise use your Content and to grant sublicenses of the foregoing, solely for the purposes of including your Content in the Site and Services. You agree to irrevocably waive, and cause to be waived, any claims and assertions of moral rights of attribution with respect to your Content.

Payments

You are solely responsible for paying all fees and/or taxes accrued from any purchases from SEM or any of our sellers. Payment must be provided in full at the time of checkout unless specific arrangements have been made between you and a seller and do not interfere with the SEM commission model; in which case the seller must notify us.

Payments may only be made using the payment methods approved and made available on our Site.

In certain instances, your transaction may be declined, frozen, or held for any reason including suspected fraud, AML compliance, compliance with economic or trade sanctions, in connection with SEM’s internal risk controls or due to potential violations of any policy of SEM or the payments entity, or a policy of one of the payments entity’s third-party payment service providers.

SEM, the payment entity or its affiliates may save payment information, such as credit or debit card numbers, and card expiration dates, entered by you on our Services when you make a purchase, redeem a coupon, or make any other transaction on our Services payment information must be provided. The stored data may be used for as your default payment method for future transactions on our Site. You may update, replace, or add additional forms of payment at any time. The last used form of payment will automatically be saved as your default form of payment unless you specify otherwise. You are responsible for maintaining the accuracy of information that we have on file, and you consent to SEM updating such stored information when new information is provided by you, your bank, or other financial or payment service providers. You will only provide information that belongs to you or you have been directly authorized to use.

You may seek returns or cancellations on our Services. The payment entity refunds amounts paid for approved claims in the occurrence where returned or cancelled transactions where the original payment was managed by the payment’s entity. Refund timing may vary in accordance with the rules of third parties, such as credit and debit card networks. Sellers are responsible for all replacements, returns, and refunds concerning purchases from their shop. The cost of return shipping for an item that is not as described is then the responsibility of the seller. Sellers are required to outline their return and/or exchange policies on each product, but it is the responsibility of you, the user, to make yourself familiar with these policies at the time of purchase.

You agree to comply with, and not cause a third party to violate, all applicable laws, regulations, rules and terms and conditions in connection with the use of managed payments. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payment service providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payment transactions. Failure to abide by third party terms and conditions may result in fees assessed to you or other actions taken by such third parties, and you agree that the payments entity has no control over, or responsibility or liability for, such fees and actions.

Sellers

We care about all our Sellers. We value the input and contributions you make to our Site. Your happiness is amongst our top priorities, and we want our collaboration to be as smooth and mutually beneficial as possible. We operate with the best intentions and look forward to learning from each other and growing together. If any issues should arise, know you can reach out to us and we will do everything in our power to resolve the issue. On that note there are a few rules, regulations, and general knowledge we have designed, explicitly for sellers, that we must go over to ensure a safe and professional workspace for all. Please read our Sellers Terms for details on our rules and policies for sellers.

The Boring Legal Stuff

Yes, yes, we know, this entire document is boring legal stuff, but for us to operate at our best, we must protect ourselves, in turn protecting the people around us, and the planet. Please read this section carefully as it affects your rights and will have a substantial impact on how claims you and SEM have against each other are resolved.

1.Governing Law

Upon using our Services, you agree and understand that our Terms, and any claim or disputes that have arisen, or may arise between you and SEM, except as otherwise stated in this Agreement, are governed by the laws of the state of Texas, without regard to principles of conflict of law, and the laws of the United States of America. Venue for all disputes and litigation shall be in Travis County, Texas. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection law.

 2. Indemnity

You agree to defend and Indemnify us, our affiliates, directors, employees, agents, and representatives, and to hold them harmless, from any, and all damages, losses, claims and liabilities (including legal cost and or any accrued fees) that have been brought on by a third party due to, or arising out of you use, or misuse, of our Services, your content, your participation in a transaction, your breach of our Terms and/or any Additional  Agreements, your breach of any laws or rights of a third party.

SEM reserves the right to handle, at your expense, our defense as we see fit, in any case of which you are required to indemnify us. You agree to cooperate with us under these circumstances and agree not to settle any matters concerning us without direct prior consent from SEM.

3.Dispute Resolution

SEM is here to serve you. We are more than happy to investigate and work through any qualms that you may have. By agreeing to our Terms of use, you also agree with our Arbitration Clause, which requires you to resolve all disputes, or claims that have, or may arise between you and Simple Efforts, through final and binding individual arbitration, using the English Language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect(those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you cand find the AAA rules here), unless otherwise required by law.

In sum this means that you waive any right to have any disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative or private attorney general actions or proceedings, unless you and SEM agree otherwise. You are only permitted to seek relief (including monetary, injunctive, and declaratory) on an individual basis to the extent necessary to satisfy the claim. The Federal Arbitration Act and federal arbitration law apply to this agreement. The arbitrator may not consolidate any person’s or party’s claim with another, or preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Payments for any and all reasonable filing, administrative, and arbitrator fees will be the responsibility of the filing party, or in accordance with the Consumer Arbitration rules, and in the case of CEDR, its rules. In the case that the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse SEM for all fees associated with the arbitration paid by SEM.

We are based in Austin, Texas, so any legal action against SEM related to our Services must be filed and take place in Travis County, Texas, or a mutually agreed upon location.

If an arbitrator or court decide that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.

Disputes With Other Users

If you find yourself in a dispute with another user of our Site and Services or a third party, we highly encourage that you contact the other party and try to resolve the dispute amicably.

If you find that you are unable to resolve the dispute please feel free to contact us at support@simpleeffortsmarket.com and we will attempt to help to resolve the issue in good faith and based solely on our interpretations of our policies, in our sole discretion; we will not make judgements regarding legal issues or claims. SEM has no obligations to resolve any disputes.

You release SEM from any claims, demands, and damages arising out of disputes with other users or parties. 

License of Use

Yay, you’ve made it this far! Under the condition that you have read and agree to all the provisions laid out in this document, Simple Efforts Market, and/or its content providers, grants you a limited, non-exclusive, non-transferrable, non-sublicensable, and revokable license to access and make non-commercial use our Services.

In addition to provisions discussed above, you must also agree to abide by the following regulations in connection with using or accessing our services for the granted license to take effect.

You will not:

  • breach, break, or circumvent any local, state, federal, or international laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
  • post false, inaccurate, misleading, deceptive, defamatory, obscene, offensive, or libelous content;
  • post or promote any content that is discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age, in nature;
  • transfer your account and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm or interfere with SEM, our operations, or the interest or property of users;
  • use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our source codes or Services for any purpose, except with the prior permissions directly from us;
  • interfere with the functioning of our Services;
  • post links, directly or indirectly, that lead to other Sites that include content that may violate the Terms;
  • export or re-export any SEM applications or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
  • infringe any of our Intellectual Property Rights that belong to or are licensed to SEM. Actions that may constitute infringement include, but are not limited to, reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belong to Simple Efforts Market or someone else;
  • infringe any Intellectual Property Rights that belong to third parties affected by your used of our Services or post content that does not belong to you;
  • harvest or collect any information about users without their consent;
  • or circumvent any technical measures used to provide our Services.

You understand that Simple Efforts Market reserves the right to fully cooperate with governmental or regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil activity. Further, to the extent permitted by applicable law and policies, SEM may disclose Member’s identity, contact information and or any details contained within the account that may be requested by the authoritative bodies listed prior. SEM is not liable for any damages or results obtained from such disclosure, and you agree not to bring any action or claim against SEM for such disclosure.

SEM and you are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or established by these Terms.

The Terms of Use and all conditions and policies posted through our Services set the understanding and agreement between you, and any entity you may represent, and us, and supersede any, and all prior understandings and agreements of the parties.

 The Headings provided in this document merely act as a guide and have no legal or contractual effect.

This agreement, and your rights and obligations within it, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior consent. All rights not expressly granted to you in these Terms are reserved and retained by SEM and its affiliates.

Thank you so much for taking the time to read our Terms of Use. We really appreciate you!

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